The petitioner herein is the original second accused in Crime No.136 of 2011 of the Chalissery Police Station, registered under Sections 324 and 308 IPC r/w Section 34 IPC on the complaint of one Kishor, S/o.T.T. Velayudhan. The case against the first accused was initially committed by the committal court. Charge against the first accused was framed in the court of session only under Section 324 IPC, on the finding that there is absolutely no material to attract Section 308 IPC, and the case against the first accused was transferred to the learned Chief Judicial Magistrate under Section 228(1)(a) Cr.P.C. Pending the proceedings before the learned magistrate, the parities settled the matter, and offence was compounded. The case against the petitioner herein was split up in the committal court itself. It was later committed to the court of session, and it is pending as S.C.No.201 of 2014 before Crl.M.C.No.7179 of 2014 2 the learned Assistant Sessions Judge, Ottapalam. The petitioner seeks orders under Section 482 Cr.P.C quashing the prosecution, on the ground that he and the de facto complainant have come to terms amicably, continuance of the prosecution in such a situation will not serve any purpose. The de facto complainant, Kishor is the second respondent herein. He has filed affidavit to the effect that he has settled the whole dispute, and he has no grievance or complaint now. On a perusal of the proceedings, I find that Section 308 IPC was in fact incorporated in the F.I.R by the Police on the basis of a purely hypothetical statement. The case against the first accused was rightly transferred by the learned Assistant Sessions Judge on a charge under Section 324 IPC. Here, also I find that what is at the most attracted is only the offence under Section 324 IPC. I am well satisfied that there is real settlement between the parties. I also find that continuance of prosecution in such a situation will not serve any purpose, other than wasting the precious time of the court. No doubt, none of the material witness will support the prosecution, if the case goes to trial.
In the result, this Crl.M.C is allowed. The prosecution against the petitioners in S.C.No.201 of 2014 before the Crl.M.C.No.7179 of 2014 3 learned Assistant Sessions Judge, Ottapalam will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioner will stand released from prosecution. The bail bond, if any, executed by the petitioner will stand discharged.
P. UBAID, JUDGE.
AS